HomeMy WebLinkAboutResolutions 9737 N.C.S. 04/18/1983Resolution No. ~ 7 3 N. C. S.
of the City of Petaluma, California
A RESOLUTION OF THE CITY COUNCIL OF PETALUMA
URGING THE STATE LEGISLATURE TO SUPPORT
SENATE BILL 575 (FORAN) RELATING TO
JOINT AND SEVERAL LIABILITY .
WHEREAS, the present legal doctrine of joint and several liability
makes co-defendants in a single cause of action individually liable for the
entire amount of damages awarded; and,
WHEREAS, a plaintiff in a civil action may collect his award for
damages from a single co-defendant if he so chooses; and,
WHEREAS, in such case the paying co-defendant must seek
reimbursement from the remaining co-defendants; and;
WHEREAS, if the- remaining co-defendants are insolvent or
judgment-proof, the paying co-defendant may be left with the entire cost of
the award for damages; and,
WHEREAS, exposure to such financial liability bears no direct relation
to the proportiou of legal fault of the respective co-defendants; and,
WHEREAS, public agency co-defendants, because of their ability to
pay, are often made to pay large damage awards in civil actions in which
they have minimal or no _fault; and,
WHEREAS, the burden placed upon the taxpayer as a result of the
current~doctrine of joint _and several liability. 'is inequitable and improperly
makes publie_~agencies insurers for the negligence of others;
NOW, THEREFORE, BE IT RESOLVED the doctrin,e of joint and several
liability should be~~reformed and make financial liability reflect more closely
legal liability; and, ,
BE IT FURTHER :RESOLVED, the Legislatur.e is urged most strongly to
support Senate Bill 575 (Foran) Joint and 5,-everal Liability; and,
BE IT FURTHER RESOLVED that the City Clerk is hereby directed .to
send certified copies of this resolution to the appropriate representatives in
the State Legislature .
Under. the power and authority conferred upon this Council by the Charter of said City.
I hereby certify the foregoing Resolutiom was introduced. and adopted by the Approved as to
. o orm
Council of the City of. Petaluma at a(Regular) (1~~~}~:~p~ meetinb ,
on the ..._.~.~~~..._..__. day of ...-•••-••-•••.A.~S.7..•~:.....---• ..................... 19...~~ by the .
following vote: • _-•- - ..,, ..•••••--•--••---....
AYES: BALSHA~1/BATTAGLIA/BOND/:CAVATdAGI~I/HARBEFi.SON/VICE-T~OR ERRY/:P~IAYOR MATTEI
NOES:
ABSENT: -
. _~ ._ -.
ATT~ST: .. ._ .
. ..... .. .......... .... ..........••-,.......,.... ... .._..•-•••._... .--- .... ..._.. - -.. _ . . .._......._._._..._..-•-•-••
~
City Clerk Mayor
. Council Fi~" .. ....
Form CA 2 7/81 I2es. Nd :_~~ ~...~.•. ~.. "~ •